Reminiscences of the Anarchist Case

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Reminiscences of the Anarchist Case
Sigmund Zeisler
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But in the Anarchist case, in scores upon scores of instances, the court entirely disregarded this constitutional provision. If a man on his examination said that he had formed an opinion based upon newspaper statements and that he beUeved these to be true, or admitted that from what he had heard and read about the case he beheved the defendants to be guilty, or even that his opinion of their guilt was so definite that it would take strong eviaence to remove it, or that his prejudice against th...em was w deeply rooted that it would probably influence him in considering the testimony, Judge Gary held him to be qualified if, at the end of repeated lecturing, coaxing, cajohng and insinuating by the court, the man would once declare his behef that he could fairly and im- partially render a verdict in the case, even though in the next breath, when re-examined by the defense, he expressed a doubt about whether he could.
A classical illustration of the attitude of Judge Gary is the case of the man who stated he had formed an opinion as to the guilt of the defendants which he had expressed to others and which he still entertained, and admitted that this opinion would handicap his judgment.


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